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Trademark Registration in China
The Chinese Trademark Law came into force on March 1,1983. It was revised on February 22, 1993 and the revised law came into force on July 1, 1993. On October 27, 2001, it was revised again and the revised law came into force on December 1, 2001. The Implementing Regulations of the Chinese Trademark Law was enforced on September 15, 2002.
China became a member of the World Intellectual Property Organization (WIPO) on June 3,1980. On March 19, 1985, China acceded to the Paris Convention for the Protection of Industrial Property (Stockholm Act). China became party to the Madrid Agreement Concerning the International Registration of Marks on October 4, 1989 and the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks on December 1, 1995. China became a party to the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks on August 9, 1994.
Types of Marks
The term "trademark" used in the trademark law refers to marks used on goods and for services. Collective marks and certification marks are also registrable.
Said collective marks mean signs,which are registered in the name of a group, an association or other organizations to be used by the members thereof in their commercial activities to indicate their membership of the organizations.
Said certification marks mean signs which are controlled by organizations capable of supervising certain goods or services and used by entities or individual persons outside the organization for their goods or services to certify the origin, material, mode of manufacture, quality or other characteristics of the goods or services.
Geographical indication can be registered as collective mark or certification mark.
Registrable Marks Registrable marks are any visually perceptible signs capable of distinguishing the goods or services, including words, devices, letters of an alphabet, numerals, three-dimensional signs, combinations of colours as well as the combination of such signs.
Registered trademarks shall be so distinctive as to be distinguishable, and shall not conflict with any prior right acquired by another person. |
